MANDATORY DETENTION.

SEC. 902. MANDATORY DETENTION. (a) Pending Sentence.— Subsection (a) of section 3143 of title 18, United States Code, is amended by— (1) striking “The judicial officer” and inserting: “(1) Except as provided in paragraph (2), the judicial officer”; and (2) inserting at the end thereof the following: “(2) The judicial officer shall order that a person who has been found guilty of an offense in a case described in subparagraph (A), (B), or (C) of subsection (f)(1) of section 3142 and is awaiting imposition or execution of sentence be detained unless— “(A) (i) the judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted; or “(ii) an attorney for the Government has recommended that no sentence of imprisonment be imposed on the person; and “(B) the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community.”. (b) Pending Appeal.— Subsection (b) of section 3143 of title 18, United States Code, is amended by— (1) striking “The judicial officer” and inserting: “(1) Except as provided in paragraph (2), the judicial officer”; 104 STAT. 4827 (2) redesignating subparagraphs (A), (B), (C), and (D) of paragraph (2) as clauses (i), (ii), (iii), and (iv), respectively; (3) redesignating paragraphs (1) and (2) as subparagraphs (A) and (B); and (4) adding at the end thereof the following: “(2) The judicial officer shall order that a person who has been found guilty of an offense in a case described in subparagraph (A), (B), or (C) of subsection (f)(1) of section 3142 and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained.”. (c) Exceptional Cases.— Subsection (c) of section 3145 of title 18, United States Code, is amended by adding at the end the following: “A person subject to detention pursuant to section 3143(a)(2) or (b)(2), and who meets the conditions of release set forth in section 3143(a)(1) or (b)(1), may be ordered released, under appropriate conditions, by the judicial officer, if it is clearly shown that there are exceptional reasons why such person’s detention would not be appropriate.”.